Agenda item

Discussion:

The Licensing & Local Land Charges Manager advised that, in accordance wit the Licensing Act 2003, the Council had received an application to vary a current Premises Licence in respect of late night refreshment for Papa Johns Pizza, 70 New Road, Chatham, ME4 4QR

This application had been correctly advertised in the local press and notices displayed at the premises for the required timescale. As stated at paragraph 1.2 of the report the application sought to be licensed for late night refreshment (outdoors) as follows:

The following documents were included in the report for consideration:

·                    Appendix A (pages 9 – 26) a copy of the original application submitted.

·                    Appendix B (pages 27 – 28) amendments made to the application

·                    Appendix C (pages 29 – 30) a copy of existing licence

·                    Appendix D (page 31) a location plan showing the approximate location of the application

·                    Appendix E (pages 32 – 37) copies of representations received from members of the public

In accordance with section 9.14 of the Amended Guidance to the Licensing Act, Licensing officers had been in discussion with the Council’s Planning team and had confirmed the current planning position under MC/13/0175 had been approved with conditions on 20 March 2014 for change of use of ground floor to Hot Food Takeaway (class A5) with opening hours Monday to Thursday 11:00 to 23:00hrs, Friday to Saturday 11:00 to 00:30hrs and Sundays and Public Holidays 11:00 to 22:30hrs.  In addition an application under MC/14/0341 had recently been refused on 21 March 2014 in relation to alterations to the opening hours to Friday – Saturday 11:00 to 03:00hrs and Sunday 11:00 to 01:00hrs.

The Licensing & Local Land Charges Manager confirmed that the application had been referred to the Panel for determination following receipt of relevant representations from members of the public as set out in Appendix E to the report.             

The Applicant apologised for his absence from the Licensing Hearing Panel held on 24 March 2014. He advised that the original application had been for the premises to open to all customers until 03:00hrs on Fridays and Saturdays and 01:00hrs on Sundays. In consultation with the Police the application had amended and it was proposed that the premises would close to members of the public at 12.30hrs and would only undertake telephone orders and deliveries after 12:30hrs. He noted that 95% of the objections had been in relation to possible noise and nuisance from nightclub clients visiting the shop to purchase takeaway food. The variation to close the premises to customers after 12.30hrs and to only undertake deliveries reflected the concerns of the objectors.

The Objector and the Panel then asked a number of questions and the Applicant responded as follows:

·                    The Objector agreed with the recommendation from the Police but asked the Applicant how he would deal with a group of late night revellers banging on the door of the shop demanding to be served.

            The Applicant responded that after closing the shop to customers the doors would be locked and the lights inside the front part of the shop turned off. The closing times were also set out clearly on the menu for the premises.

·                    The Objector asked if the premises would deliver to a group of 4 to 5 lads sitting on the front step of a house or would the Applicant refuse make the delivery?

            The Applicant advised that when making a telephone order, the client’s name, address and postcode were requested. Without a postcode a delivery would not be made. A delivery would also not be made unless a person opened the front door of the address the delivery was being made to.

·                    The Objector questioned the need for the premises to open until 03:00hrs on a Friday and Saturday.

            The Applicant advised that there was a demand from customers to be met and other local competition. The application was also in response to the oncoming football world cup competition.

·                    A Panel Member asked who undertook the deliveries.

            The Applicant stated that the deliveries were made using cars driven by local men he employed all of which were over 21 years. He also advised that the premises did not sell alcohol, only cold soft drinks and there was therefore no age limit. Two people were employed within the shop and the premises had three drivers undertaking the deliveries.

·                    The Chairman asked if people passing by the shop could see the people inside working even though the shop was shut.

            The Applicant advised that this was the case. He added that the cleaning of the shop after the premises had shut took an hour or more and he had not had any experience of people knocking on the door to ask if the shop was open. The delivery drivers accessed the premises through another door that was opened by a PIN code.

·                    A Panel Member suggested putting up blinds in the premises to screen the public’s view of staff after the premises had closed. 

            The Applicant agreed that he would be willing to fit blinds that would be pulled down when the premises was shut.

The Objector put forward his reasons for the objections to the application as follows:

Mr Borley, the Objector, stated that even though the application had been amended following a police proposal, he still had grave concerns. There had been a recent disturbance at his neighbour’s property as a result of a delivery to an incorrect address when the deliveryman had knocked on the Objector’s door in the early hours. He was also worried about disgruntled night clubbers causing a noise nuisance on finding the premises closed to passersby. He questioned why the premises needed to open so late when the nightclub shut at 02:00hrs.

The Applicant confirmed that he did not have any questions for the Objector.

The Panel asked questions and the Objector responded as follows:

·                    A Panel Member noted that in the agenda papers, residents had mentioned their concerns with litter and other matters and the Objector was asked to clarify.

The Objector advised that in the past customers of the premises had left litter around the shop and further out into the locality.

·                    A Panel Member enquired if the Objector had a problem with the delivery service.

The Objector advised that he did not have a problem with the delivery service out of the area but he had a problem with the people who might insist on being served at the shop.

·                    The Chairman of the Panel asked if the Residents’ Association the Objector had mentioned had any complaints about the Applicant and his business.

The Objector stated that there had been no complaints about the present operation and no problems had arisen.

The Applicant summed up by mentioning the litter issue and advising that litter around the shop and the car park used by customers was removed on a daily basis and no complaints about litter had been received by Medway Council. He stated that staff always took care not to deliver to the wrong address. The police had been liaised with and the application amended as a result.  The Panel was advised that since the premises had opened into the evening and had routinely reported any criminal activity staff had witnessed, prostitution in the area had reduced. The Applicant felt the incidence of prostitution would reduce further should the shop be allowed to extend its hours with regard to its delivery service. The Applicant concluded that this application was not meant to upset residents and the premises was 150 yards distant from the nearest residence and located on a very busy road.

The Objector concluded by stating that he still had grave concerns about young people causing nuisance on discovering the shop was shut to visiting customers. The litter from the shop was still an issue. The Objector was satisfied with closing time of 12:30hrs and he did not feel the delivery vehicles would be a problem. However he felt that night clubbers might be a nuisance.

The Applicant offered to extend the litter picking from the premises to take the account of the Objector’s concerns.

Decision:

The Panel, having heard from the Applicant and the Objector and having regard to the four Licensing Objectives with particular regard to the prevention of public nuisance, granted the application for the provision of a late night home delivery service from the premises in respect of Papa Johns GB Ltd, 70 New Road, Chatham, Kent ME5 4QR.  The Panel determined that the hours of operation for licensable activity be as follows:

The hours for the provision of a late night refreshment licence (off the premises):

Hours the premises is open to the public:

The Panel also attached the following conditions:

a)                 The premises must close to visiting customers from 00:30hrs on Friday, Saturday and Sunday nights and thereafter operate a home delivery service only.

b)                 That pull down blinds be fitted in the windows of the premises and that at 00:30hrs the blinds be pulled down such that it appears to the passing public that the premises is closed.

c)                  That signage, no smaller that A3 size, be placed on the entrance of the premises advising that the premises is closed to visiting customers from 00:30hrs.

The Panel granted this variation to the premises licence but advised that the Applicant should ensure that the correct planning permissions are in place to before commencing operation the premises licence from 00:30hrs on Fridays, Saturdays and Sundays.